· 4/18/2014
In the Matter of the Guardianship and Conservatorship of Stuart Kennedy (Involuntary) Stuart Kennedy v. Maria Kennedy
Citations
- 845 N.W.2d 707
- 2014 WL 1512445
- 2014 Iowa Sup. LEXIS 42
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- applying doctrine of “constitutional avoidance” and adopting view of statute that would avoid “serious due process concerns”
- considering dismissal of the appeal on mootness grounds even when there are no grounds for dismissal under rule 6.1006(1)(a)
- interpreting a statute to avoid doubts as to constitutionality when constitutional argument not raised
- interpreting a statute to avoid doubts as to constitutionality when constitutional argument not raised
- finding a guardian sterilizing a ward without court involvement raises “serious due process concerns”
- applying the principle of constitutional avoidance to interpret a statute to require advance court approval of a guardian’s decision to sterilize an intellectually disabled person because any other approach “would raise serious due process concerns”
Source: CourtListener parenthetical corpus (CC0).
Judges: Mansfield
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.